Legal Opinion

Fitch v. Vatter

Michigan Supreme Court

Decided April 3, 1906No. Docket No. 33PublishedCited by 3 opinions

Appeal from the superior court of Grand Rapids; Newnham, J. Bill by Milford L. Fitch against Edward A. Yatter, Mary Yatter, and the Mutual Home and Savings Association to reform a deed and to restrain the prosecution of a suit at law. From a decree for complainant, defendants Yatter appeal.

1Opinion of the CourtBlair, J.

The bill of complaint in this cause prays for the reformation of a deed from complainant to defendants because of a mistake in not reserving certain alleys from its operation. The trial court made a decree reforming the deed and perpetually restraining the defendants from bringing any action at law for damages. The record presents for our determination questions of fact alone, which are: First. Was there any mistake in not reserving the alleys ? Second. If so, was the mistake mutual ? The location of the property and alleys is sufficiently shown by the accompanying diagram.

*569These alleys from…

2Cited by3 opinions

  1. Dolsen v. KearneyMichigan Supreme Court · 1921
  2. Thomas v. MillerMichigan Supreme Court · 1918
  3. Woodworth v. WardMichigan Supreme Court · 1929

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